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어느덧 학원 강의와 학교 강의 세월이 많이 흘렀네요. 어느덧 본 필자의 제자들이 대한민국 여러 부처에서 일을 하고 있을 것 생각하니 흐뭇해집니다.
수험현장에서 강의하면서 생각하고 준비했던 결과물인 「틀리기 쉬운 기출 OX 815제」를 출간하니 한편으로는 기쁘면서도 한편으로는 두려운 것이 솔직한 심정입니다.
최근 몇 년 동안 공무원시험, 승진시험 등을 둘러싼 여러 환경의 변화가 있었습니다. 수험생의 증가, 학원 및 인터넷 수강의 보편화, 수험서들의 전문화 등입니다.
특히 형사소송법의 변화는 출제방향에서 아주 많은 변화를 보이고 있습니다. 판례를 이용한 법률해석을 물어본 문제라든가 단순암기가 아닌 이해 위주의 문제를 출제하고 있습니다.
본 「틀리기 쉬운 기출 OX 815제」 는 지금 현재 출제되는 경향을 맞추어 보기 위해 너무 학문적이지도 않고 그렇다고 너무 기초적이지도 않은 기출문제로 자주 출제되는 지문을 중심으로 항상 형사소송법이라는 과목에 고민이 많은 여러 수험생들의 무거운 짐을 덜 수 있게 정리하여 만든 수험서입니다.

형사소송법이 범죄에 대해서 그 법률효과로 형벌을 부과할 수 있도록 길을 연결해주는 절차법이듯 아무쪼록「틀리기 쉬운 기출 OX 815제」가 형사소송법의 마지막 종착지를 향하는 길을 안내하여 수험생 여러분들의 합격에 위한 고득점의 영광을 안겨주길 기원합니다.

본 「틀리기 쉬운 기출 OX 815제」 는 최근까지 공무원, 경찰, 승진 등의 출제 방향의 변화를 보고 그 흐름에 따라 지문내용을 구성하고, 최신 개정된 법률과 판례까지 반영하도록 노력했습니다.

첫째, 갈수록 방대해진 형사소송법의 조문과 판례를 최대한 수험에 가깝게 갈 수 있도록 주요빈출 된 기출지문을 중심으로 수록하였습니다.

둘째, 지문내용을 확인하고 직접 오엑스로 풀어 본 후 해설을 통해서 지문을 이해할 수 있도록 하였습니다.

셋째, 최근 개정된 법률과 최신판례까지 빠짐없이 반영하였습니다.

넷째, 해설판례와 조문의 해석에 어려움이 있으므로 중요 포인트를 강조하고 어려운 판례는 간단하게 풀어쓴 해석을 해 두었습니다.

책을 펴낸다는 것은 할 때마다 느끼지만 이번에도 역시 많은 주위 사람들에게 폐만 끼치는 일이라는 것을 절감하였습니다. 원고를 작성하는 것보다 나중에 고치고 다듬는 후반부 작업이 훨씬 골치 아픈 법인데도 성실하고 끈기 있게 진행해준 출판사 편집부 직원들, 그리고 좋은 책을 만들고자 노력하시는 마성배 대표님 그리고 제작 중 묵묵히 자료수집과 타이핑 그리고 수정 등을 도와준 경희, 가현, 정은에게 감사의 인사를 올립니다.
KC형사법연구회
이경철

제1편 서론 ························································································· 006
Chapter 01 형사소송법의 기본개념 ·································································· 008
Chapter 02 형사소송법의 이념과 구조 ······························································ 011

제2편 소송의 주체와 소송행위 ······························································· 016
Chapter 01 소송의 주체 ··················································································· 018
제1절 법원 및 검사 ······················································································ 018
제2절 피고인 및 변호인 ················································································ 028
Chapter 02 소송행위와 소송조건 ········································································ 040

제3편 수사와 공소 ·················································································047
Chapter 01 수사의 기초 ···················································································· 048
제1절 수사의 개관 및 수사의 단서 ································································· 048
제2절 임의수사 ····························································································· 063

Chapter 02 강제수사 ························································································ 071
제1절 체포 ··································································································· 071
제2절 구속 ································································································· 081
제3절 인권보호제도 ····················································································· 089
제4절 보석(피의자보증금 포함) 및 구속집행정지 ··············································· 097
제5절 압수·수색·검증 ···················································································· 104
제6절 판사에 의한 강제처분 ··········································································· 121

Chapter 03 수사종결 ························································································· 125
제1절 수사의 종결 ························································································· 125
제2절 불기소처분에 대한 불복 ········································································· 127

Chapter 04 공소제기 ························································································· 132
제1절 공소제기 개관 ······················································································ 132
제2절 공소시효 ······························································································ 140

제4편 공판 ···················································································144
Chapter 01 공판절차 ·························································································· 146
제1절 공판절차의 개······················································································· 146
제2절 공판준비절차 ························································································ 153
제3절 공판절차······························································································ 158
제4절 특별공판절차························································································· 171

Chapter 02 증거 ································································································ ·180
제1절 증거의 개관 ··························································································· 180
제2절 위법수집증거배제 ··················································································· 186
제3절 자백배제 ······························································································· 191
제4절 전문법칙 ······························································································· 194
제5절 증거동의 및 탄핵증거 ············································································· 211
제6절 자백보강법칙 및 공판조서········································································ 218

제5편 재판 ·····························································································224
Chapter 01 재판의 의의 및 상소 ··········································································226
Chapter 02 재심과 특별절차 ················································································248
Chapter 03 형사보상 및 배상명령 그리고 소년법 ·················································· 262